NOTE: The governor signed this measure on 3/24/2012.
      
      
      HOUSE BILL 12-1169
      
      
      BY REPRESENTATIVE(S) Gardner B. and Duran, Court, Kefalas,
      Murray, Todd;
      also SENATOR(S) Brophy and Morse, King S.
      
      
      Concerning a clarification of the circumstances under which
           voting to elect leadership of a public body may be held by
           secret ballot in accordance with the state open meetings
           law.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-6-402, add (2) (d)
      (IV) as follows:
      
           24-6-402.  Meetings - open to public - definitions.
      (2) (d) (IV)  Neither a state nor a local public body may adopt any
      proposed policy, position, resolution, rule, or regulation or take
      formal action by secret ballot unless otherwise authorized in
      accordance with the provisions of this subparagraph (IV).
      Notwithstanding any other provision of this section, a vote to
      elect leadership of a state or local public body by that same
      public body may be taken by secret ballot, and a secret ballot
      may be used in connection with the election by a state or local
      public body of members of a search committee, which committee is
      otherwise subject to the requirements of this section, but the
      outcome of the vote shall be recorded contemporaneously in the
      minutes of the body in accordance with the requirements of this
      section. Nothing in this subparagraph (IV) shall be construed to
      affect the authority of a board of education to use a secret
      ballot in accordance with the requirements of section 22-32-108
      (6), C.R.S. For purposes of this subparagraph (IV), "secret ballot"
      means a vote cast in such a way that the identity of the person
      voting or the position taken in such vote is withheld from the
      public.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO